Over the years, the Supreme Court has changed along with the situations and controversies of the time period. The interpretations and connotations of many amendments and constitutional clauses have grown and evolved throughout history, and it is the job of the justice system to adapt to match these changes. As different situations and scenarios have presented themselves, the justices of the Supreme Court have wrestled with moral, judicial, legal, and societal reasons to make decisions regarding the rights of the accused. In many situations, there is not always a clear-cut divide between right and wrong. This provides various challenges for the court system, as its members are forced to make decisions based on a plethora of justifications. …show more content…
It was just after the end of World War II, which had caused hardship and troubles in the United States, along with many other nations. The end of the war marked a time of victory and joy in the nation, and many soldiers returned from fighting to pick up where they left off with their lives (“American History” 1). They were reunited with wives and girlfriends, and chose to start new families, buy new homes, and get new jobs (1). This meant that America was now buzzing with excitement, rejuvenated by the victory, and ready for anything (1). Industry production skyrocketed to fill the demands of new consumers (1). People began to buy products that had not been produced during World War II, which caused the need for new businesses, factories, and jobs (1). This marks the beginning of the baby boom because of the sudden interest in starting a family (1). This new personality and vivacity of the nation was an unmistakable sign of growth (1). With the social growth of the nation, came the need for legal growth. Rochin v. California was a case that effected change in judging the constitutionality of police brutality. However, this change was not as effective as the Court may have hoped, as it was too subjective to protect citizens against police misconduct in nonviolent …show more content…
The actions taken against Rochin were said to “shock the conscience” (Mabunda and Mikula 371). It is against the constitution to allow these methods of obtaining evidence to occur because they exceed the expectations for human decency by such a large margin (Finkelman and Urofsky 290). Despite the fact that there is no direct constitutional statement prohibiting or even addressing this type of behavior, it was clear to the Supreme Court that it should not be tolerated (290). The methods of obtaining evidence clearly obstructed justice and fair play (Mabunda and Mikula 372). Justice Frankfurter felt that they were “too close to the rack and screw to permit constitutional differentiation (Finkelman and Urofsky 290). Other justices found Frankfurter’s decision to be correct, but they felt that the reasoning he used – due process of law – was too vague and difficult to interpret (Mabunda and Mikula 372). Justice Black, who wrote a concurring opinion, believed that the Fifth Amendment was better fit to defend Rochin (Finkelman and Urofsky 290). He stated that the way in which the police obtained the evidence from Rochin was unconstitutional because the Fifth Amendment
Judges are often required to decide a verdict in case heard in a court of law. This decision has tremendous weight and often may decide the future of the defendant. The law can be exceedingly difficult to translate; consequently, a few may interpret the facts and the law differently. When a defendant believes a judge’s decision to be in error, he or she may wish to appeal a decision. In fact, the United States Courts (2015) indicated, “The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict” (para. 5). In Jackson County, there were a multitude of appeals for the decisions that the judges handed down; however, what is the probability that an appeals court will overturn the decision?
Directing the nation’s path with their judgement, Supreme Court Justices shed light on the country in troubling times. The role of Supreme Court Justices are vital key to the complex society we thrive in, thus making this role one of the most prestigious positions in our country. From cases dealing with segregation in the school environment such as “Brown vs. Board of Education of Topeka” to recent cases regarding affirmative action in universities such as in “Fisher vs. University of Texas at Austin”, the Supreme Court Justices have seen it all.
This paper will discuss the potential rulings given by the justices of the Supreme Court concerning the case of Kansas v. Carr, Kansas v. Gleason on the upcoming Supreme Court docket for OT 2015. The case pertains to two separate criminal cases coming from the Kansas Supreme Court that may overturn the death penalty ruling. First, the facts of the case will be given and what are the legal issues being questioned, a brief overview of the arguments encompassing the Eighth Amendment, supportive arguments and amici for the petitioner and respondent, and then what the rulings will mean if they are dismissed or maintained by the majority. Secondly, an opinionated prediction will be given on how the each Justice may rule concerning the case of Kansas v. Carr, Kansas v. Gleason. Also, the prediction will include an intertwining review of the biographical background, legal experience, and judicial philosophy of the current Court as supporting points to the opinion of how the individual Justices will rule. Before concluding, there will be other alternative ruling assessments to cover all the bases in case it is not a majority vs dissenter ruling.
On the 21st of March, the Supreme Court heard the case Microsoft Corp v. Baker, a case that deals with whether a federal court of appeals has the jurisdiction to review a class action law suit after the plaintiffs have dismissed their claims. Although this case will not be decided for many months, the Justice’s stance was clear. The questions they asked and the rhetoric they used all pointed towards the plaintiffs. This experience was fascinating. How the Justices presented themselves, the seriousness of the climate, and the rules and regulates that follow the court, all added to my experience and spoke to the many themes within the criminal justice system.
was set the idea of "clear and present danger" which states that when words are
Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
This paper identifies, discusses and analyzes the Federal Judiciary Act of 1789. This paper addresses the historical context and the public need for the Federal Judiciary Act of 1789 (the “Act”). The paper then describes the major components of the Act and the policy issues the Act attempted to address at the time of its enactment. Finally, this paper evaluates the Act’s impact on the American justice system over the past almost two and a half centuries. This is an unbiased paper written with the sole intent to research and report on the Federal Judiciary Act of 1789.
Introduction The highest federal court in the United States is The Supreme Court. The chief justices that serve on this court are faced with making the most significant decisions that influence the criminal justice system. Chief Justice Earl Warren and Chief Justice William Rehnquist were both outstanding examples of how the Supreme Court significantly shaped the American justices’ system and criminal producers. This essay will compare and contrast the approaches to criminal procedure by the U.S. Supreme Court under both Chief Justices Earl Warren and William Rehnquist.
The Third Article of the United States Constitution set up the Judicial Branch. Section One of the Article set up the Judicial Branch with “one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It also stated that the judges in the Court can only hold office in good behavior with a compensation that is unchanging at anytime in the Court. During their time in office, that is. The Second Section of the Constitution brings to mention the fact that the power that the Judicial Branch has goes to anyone. All cases brought under the Constitution of the United States of America are seen in Court. It also talks about criminal cases having a trial by jury. This not including impeachment trials. The
Maryland in 1963 resulted in a landmark decision that “is perhaps one of the most significant Supreme Court decisions to ever impact the criminal justice system” (Rothlein, 2007). In Brady v. Maryland, the petitioner, Brady, was a co-defendant in a murder trial. During discovery, the prosecution withheld from the defense counsel the statement where the other co-defendant in the case, Boblit, admitted to the actual killing. Without the admission of this exculpatory statement, the court found Brady guilty. The assertion of this case is that the prosecution cannot withhold evidence that is favorable to an accused where the evidence can possibly lead to a finding of innocent. The decision in this case “held that a prosecutor violates the Due Process Clause when he fails to disclose material evidence favorable to the accused” (Hochman, 1996). This resulted in the Brady
Our American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges, no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States, I noticed a pattern of “cause and effect” that our judiciary branch had practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy, but will be active when the time comes when the general public, in which the case is decided, feels a change is needed. We
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at
Our judicial system is a reflection of our own moral beliefs as a society. In the court of law you are predominantly judged based on the outcome of your actions so why should it be any different in this scenario? The fundamentals that we use to govern ourselves must apply to the question being answered in this essay.
Over the years, rules have been established by Supreme Court Cases in the interest of the defendants, for the protection of their Constitutional Rights and to make sure they have received a fair trial. These rules are created on a case by case situation in which certain situations arise and problems surface with the judicial system and the way that it is acting. One could not predict every problem that will arise in the court room, but all that can be done is to address the situations as they come about.